Sad to hear this and helpless to see Indian laws being unfairly misused. What people are nowadays doing is that they are putting reverse charges (tit for tat) on the people who put these charges on them, i.e., putting charges that the other party came to their house and tried to force themselves on a female member of your house. And then using that FIR to force the other party to withdraw their charge
Contact Deepika Bharadwaj. She is an activist, lawyer and has experience with such cases. You can connect with her through twitter. Her id is @DeepikaBhardwaj
+1, Deepika Narayan Bharadwaj deals with such kind of cases. you may contact her.
Also in rape cases the statement of victim coupled with forensic evidences are the most important ones . you can file a bail before the court.
I'm sorry, given the laws regarding the matter the onus is on accused to prove his innocence.
My advice would be to inspect the FIR and try to come up with evidences that will contradict their story.
Also post this in r/Legaladviceindia, they are better equipped to help you.
Not a lawyer but read the FIR and try to find contradictions on the facts reports such as event happened on tuesday but he was not home on tuesday so it's impossible and the claims are wrong look inyo filing for perjury and defamation along with it
Why did you guys not record the video or voice when they were threatening to file fake rape case? If you kissed the first time why not record every interaction from there onwards? Also its probable that she will take the case back if your mama takes her back, so maybe tty to convince your mama for now and make other plans afterwards.
Lawyer here. Don’t lose hope. It will take some time. Rape is a serious offence and it is not easy to get bail. If bail is denied in the Trail court go to the High Court. Just understand that merely because he’s been accused of an offence doesn’t make him guilty. I can understand the situation you are in and it is unfortunate. But you will have to be strong enough to deal with this.
Did your lawyer applied for bail ? When is the next hearing ?
In your content I couldn't find what your father did to get ipc 376 filling against him.
You are too young to understand how system works. Keep trust justice will be delivered. First focus on bail.
that's the thing, the time and date of rape is not specified. the fir is very weak. the said rape is of Jan 2023, one yr 6 months ago. it's a weak case. thank u for helping tho
It is a weak case, they have no evidence. It's is their folly that they have back dated the case. In which case there will be no medical evidence to prove the rape. Don't worry, it will take time but the case will get resolved. No need to listen to anyone who says otherwise. Your dad is innocent in your eyes and that's all that matters.
A strong lawyer is not going to be a plus point. Speaking from experience you can have kapil sibbal on your team and chidambaram (god rest his soul) and still not have the matter work in your favor. (Yes, we literally had these two on our case and yet nothing). Don't lose hope, don't harm yourself. This too shall pass!!
Please campaign heavily in social media. This is a huge issue which everyone is vexed up with. So I am sure you will get a lot of help. Just keep campaigning and hope for some help. Usually investigating officer has right to give bail in such cases, if they believe it's a fake case.
For a case to be filed you need basic proof. Although I sympathize, something is missing from your narrative or you don't know. So clear that out.
If there was no proof your lawyer could prove no proof against your dad, you dad cannot be in jail for 48hrs . Ask for both of their bails, especially your dad's.If it was systematically filed then a systematic proof was collected,so try to disprove each proof.
If you family members didn't commit any crime, it will be fairly impossible to convict them don't lose hope and support your family. Think logically about case, google each part of the case,think about helping the case instead of emotionally investing in it.
> I might as well kill myself tomorrow itself if we don't win in tomorrow's court hearing.
Dude, how will something like that help anyone? Try to calm yourself and if possible become a rock for those around you because they may need it even more than you currently.
It's not easy but try to mentally approach this as "*I'll show them attitude*", when the world is against you and you decide, No Fuck You World I'll defy you and Win. It's a mental trick even if it's not objectively real, but that doesn't matter, what matters is that it helps one calm down & focus, for the time being.
Be calm, tough it out and you'll come out of this stronger. Easier said (esp. online from us here) than done I know but do try.
I get all that you're trying to say but what do you expect from a 16 yr old. Again today they bribed someone in court to hide our case papers.. where is justice
~~Looks like a low/medium-low effort scam since OP is blasting UPI QR code everywhere. I'd advise everyone to hold on until OP shares more evidence.~~
Looks like a genuine case
I don't think this is the right place to ask. Please ask r/legaladviceIndia.
It's a sad fact in India but it's obvious that the police are looking for bribes.
This is really terrible. Really hate our country for its biased laws. I wish I could help. I’ll share with an influencer I know with good following and see what they say.
it now lies on the man to prove that he is not guilty, not the other way round. So if there is a lack of evidence to prove otherwise, chances are the man will be held guilty. NAL
No he won't be held guilty but he has to suffer for years unless he's able to prove his innocence. I've seen multiple such cases and accused got bail after 3-4 years. Depends on money too if you have money you can get out within few months too.
Its equivalent of being guilty. He wont have a defined jail term, but usually the jail term already exceeds the actual sentence because the case is never closed. You get bail and the social justice takes you over.
Any man who has ever been a victim of false rape case has never been acquitted in the true sense
The case in hand is a year old, there is def no medical evidence to play here. It all lies on the defense now to prove that the narrative is false and to show facts to claim it.
Edit
>one cant just go around saying xyz has raped
Touch some grass
I meant something else, edited my comment check it
>It all lies on the defense now to prove that the narrative is false and to show facts to claim it.
There is no medical evidence, audio/video claiming that something off has happened between them. I don't think the case is strong.
Nope you still arent aware of the reality. A rape case doesn’t require arrest warrant, so police CAN and WILL have to arrest the accused.
They also require to get the accused in presence of court the very next day. And then begins the dance of our law lady.
Hey OP, don't lose hope. Remember legal matters take time to settle. It's time to show perseverance.Try to connect with some local social worker.
u/St_Broseph Could you please help OP if you have any contacts in Pune.
Write about your entire case on your Facebook and share it widely
post pictures of the tormentors also
Tag different Indian courts and lawyers (if you know any)
Don't lock your Facebook profile
Then you consult a lawyer
But you can write about your case without revealing the other parties names and pictures
Then make your post viral.
As I already said,tag the different Indian courts and lawyers (if you know any)
Some lawyer or media will surely contact you
He cannot do anything anymore. It's not in his control anymore. Even we know the blame should be on him because it's about his wife. But it is what it is rn.
Who would want to welcome a woman who puts her own husband in jail? Who puts your brother in law in jail?
We requested him too, but if we try to do that we have a risk of our case getting impacted as they might use this against us saying that they want to hide rape by welcoming our daughter back
But hey ,don't kill urself ,become a serial killer who kills such people(I'm saying this half jokingly)
Only use this option if nothing else works out. Imo killing a bad person better than killing oneself
Sad to hear this and helpless to see Indian laws being unfairly misused. What people are nowadays doing is that they are putting reverse charges (tit for tat) on the people who put these charges on them, i.e., putting charges that the other party came to their house and tried to force themselves on a female member of your house. And then using that FIR to force the other party to withdraw their charge
Our lawyer has adviced us to not for the time being.
Contact Deepika Bharadwaj. She is an activist, lawyer and has experience with such cases. You can connect with her through twitter. Her id is @DeepikaBhardwaj
She surely seems like someone who can genuinely make a difference in such cases.
+1, Deepika Narayan Bharadwaj deals with such kind of cases. you may contact her. Also in rape cases the statement of victim coupled with forensic evidences are the most important ones . you can file a bail before the court.
Please contact Vinita Deshmukh or Asim Sarode
I'm sorry, given the laws regarding the matter the onus is on accused to prove his innocence. My advice would be to inspect the FIR and try to come up with evidences that will contradict their story. Also post this in r/Legaladviceindia, they are better equipped to help you.
Not a lawyer but read the FIR and try to find contradictions on the facts reports such as event happened on tuesday but he was not home on tuesday so it's impossible and the claims are wrong look inyo filing for perjury and defamation along with it
Ping me can help
Why did you guys not record the video or voice when they were threatening to file fake rape case? If you kissed the first time why not record every interaction from there onwards? Also its probable that she will take the case back if your mama takes her back, so maybe tty to convince your mama for now and make other plans afterwards.
Lawyer here. Don’t lose hope. It will take some time. Rape is a serious offence and it is not easy to get bail. If bail is denied in the Trail court go to the High Court. Just understand that merely because he’s been accused of an offence doesn’t make him guilty. I can understand the situation you are in and it is unfortunate. But you will have to be strong enough to deal with this.
How much is this going to cost for OP if they move to high court?
I'm sorry, OP. Please connect with Sahodar. https://x.com/sahodarindia?lang=en Join their whatsapp group to get help from the community.
Did your lawyer applied for bail ? When is the next hearing ? In your content I couldn't find what your father did to get ipc 376 filling against him. You are too young to understand how system works. Keep trust justice will be delivered. First focus on bail.
that's the thing, the time and date of rape is not specified. the fir is very weak. the said rape is of Jan 2023, one yr 6 months ago. it's a weak case. thank u for helping tho
It is a weak case, they have no evidence. It's is their folly that they have back dated the case. In which case there will be no medical evidence to prove the rape. Don't worry, it will take time but the case will get resolved. No need to listen to anyone who says otherwise. Your dad is innocent in your eyes and that's all that matters. A strong lawyer is not going to be a plus point. Speaking from experience you can have kapil sibbal on your team and chidambaram (god rest his soul) and still not have the matter work in your favor. (Yes, we literally had these two on our case and yet nothing). Don't lose hope, don't harm yourself. This too shall pass!!
Please campaign heavily in social media. This is a huge issue which everyone is vexed up with. So I am sure you will get a lot of help. Just keep campaigning and hope for some help. Usually investigating officer has right to give bail in such cases, if they believe it's a fake case.
For a case to be filed you need basic proof. Although I sympathize, something is missing from your narrative or you don't know. So clear that out. If there was no proof your lawyer could prove no proof against your dad, you dad cannot be in jail for 48hrs . Ask for both of their bails, especially your dad's.If it was systematically filed then a systematic proof was collected,so try to disprove each proof. If you family members didn't commit any crime, it will be fairly impossible to convict them don't lose hope and support your family. Think logically about case, google each part of the case,think about helping the case instead of emotionally investing in it.
Sorry to inform you but in real life things are different.I have heard about cases were 4 to 15 months were spent in false rape cases.
All these comes after case is filed... Rape allegations are taken strictly and arrest is made if you are a normal citizen
> I might as well kill myself tomorrow itself if we don't win in tomorrow's court hearing. Dude, how will something like that help anyone? Try to calm yourself and if possible become a rock for those around you because they may need it even more than you currently. It's not easy but try to mentally approach this as "*I'll show them attitude*", when the world is against you and you decide, No Fuck You World I'll defy you and Win. It's a mental trick even if it's not objectively real, but that doesn't matter, what matters is that it helps one calm down & focus, for the time being. Be calm, tough it out and you'll come out of this stronger. Easier said (esp. online from us here) than done I know but do try.
I get all that you're trying to say but what do you expect from a 16 yr old. Again today they bribed someone in court to hide our case papers.. where is justice
~~Looks like a low/medium-low effort scam since OP is blasting UPI QR code everywhere. I'd advise everyone to hold on until OP shares more evidence.~~ Looks like a genuine case
Dmed you the FIR copy.
I don't think this is the right place to ask. Please ask r/legaladviceIndia. It's a sad fact in India but it's obvious that the police are looking for bribes.
They have posted it their but i guess since the situation is so dire they are just trying to get max reach and get help from somewhere.
This is really terrible. Really hate our country for its biased laws. I wish I could help. I’ll share with an influencer I know with good following and see what they say.
You are just falling for wrong information. He can't be convicted if there's no proof. If it's a false case, he'll surely be free
it now lies on the man to prove that he is not guilty, not the other way round. So if there is a lack of evidence to prove otherwise, chances are the man will be held guilty. NAL
No he won't be held guilty but he has to suffer for years unless he's able to prove his innocence. I've seen multiple such cases and accused got bail after 3-4 years. Depends on money too if you have money you can get out within few months too.
Its equivalent of being guilty. He wont have a defined jail term, but usually the jail term already exceeds the actual sentence because the case is never closed. You get bail and the social justice takes you over. Any man who has ever been a victim of false rape case has never been acquitted in the true sense
Hmm I agree with that.
In a rape case, medical reports play an important role. One can't just go around saying xyz has raped them with no evidence and police will arrest em
The case in hand is a year old, there is def no medical evidence to play here. It all lies on the defense now to prove that the narrative is false and to show facts to claim it. Edit >one cant just go around saying xyz has raped Touch some grass
I meant something else, edited my comment check it >It all lies on the defense now to prove that the narrative is false and to show facts to claim it. There is no medical evidence, audio/video claiming that something off has happened between them. I don't think the case is strong.
Nope you still arent aware of the reality. A rape case doesn’t require arrest warrant, so police CAN and WILL have to arrest the accused. They also require to get the accused in presence of court the very next day. And then begins the dance of our law lady.
Hey OP, don't lose hope. Remember legal matters take time to settle. It's time to show perseverance.Try to connect with some local social worker. u/St_Broseph Could you please help OP if you have any contacts in Pune.
Thank you. Keep us in your prayers.
I'm sorry this happened to you and your family. Law and order is a joke in this country.
Write about your entire case on your Facebook and share it widely post pictures of the tormentors also Tag different Indian courts and lawyers (if you know any) Don't lock your Facebook profile
What if it negatively impacts our case since I'm revealing their identity?
Then you consult a lawyer But you can write about your case without revealing the other parties names and pictures Then make your post viral. As I already said,tag the different Indian courts and lawyers (if you know any) Some lawyer or media will surely contact you
I still don’t know which woman filed the rape case against your dad. Is it your Mami?
Yes.
The problem here is your mama. He should be able to handle his own shit, why is he letting your dad suffer?
He cannot do anything anymore. It's not in his control anymore. Even we know the blame should be on him because it's about his wife. But it is what it is rn.
He can still offer to take her back, if they drop all changes against your father.
Who would want to welcome a woman who puts her own husband in jail? Who puts your brother in law in jail? We requested him too, but if we try to do that we have a risk of our case getting impacted as they might use this against us saying that they want to hide rape by welcoming our daughter back
Actually it will weaken their case. I’m only suggesting ways you can quickly get your father back.
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But hey ,don't kill urself ,become a serial killer who kills such people(I'm saying this half jokingly) Only use this option if nothing else works out. Imo killing a bad person better than killing oneself
Doesn't India have an alarmingly high false rape accusation rate?
It isn't preventing any more fake cases from being registered